Difference in dismissal of workmen in Factories Vs Shops and Establishment

Dismissal in the case Factories Vs Shops and Establishment

Dear Babu,
I am not able to find much difference in respect of dismissal of the services of an employee falling under the Shops or Establishment and a worker employed in a factory covered by the Factories Act,1948. In either case what is important is the observance of the Principles of Natural Justice by the employer and the timely filing of the case by the workman.Though most of the prevailing State Shops and Establishments Acts imposes certain restrictions before dismissal or discharge of the employees covered thereunder and provide for separate appeal provisions under the same Acts, the recently passed Model Shops and Establishments ( Regulation of Employment and Conditions of Service ) Act,2016 which is gradually being adopted by many States seems to have simplified the definition of the term "worker" and exempted hitherto included categories from the definition, in addition to having no provision for discharge or dismissal and appeal against such termination. The resultant effect against dismissal is invoking Sec.2A(1) of the I.D Act,1947 only.

Hi
Word "Dismissal" is not defined under any Labor Laws. In common understanding it is instant termination of services of employees on account of grave misconduct. Hence, there is no difference in meaning of this term under Factories Act and Shops & Establishment Act.
Regards
Adv. Manish Gadre
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The word "Dismissal" is to be understood ''discharge of an individual from employment i.e. may be from Factory or Shops and Establishment. It is same as termination of service.